( 1 ) THIS is defendants appeal.

( 2 ) FACTS relevant briefly are that Smt Parmeshwari Devi (since dead) was the exclusive owner of the property specified at the foot of the plaint and situate within the municipal limits of Hardwar. On March 13, 1962 she executed a Tamliknama by registered instrument in respect of this property. The property was dedicated by her for use as Dharmashala to be known as "dharmashala Purshottam Das Ji". Purshottam Das deceased was the husband of the executant. A Board of Trustees was created also by her in this deed with herself as the managing trustee. Clause 12 of the deed provides that during her life time she will have the right to increase or decrease the trustees and to wind up the Trust. On Sept. 16, 1968 this Tamliknama was revoked by Smt. Parmeshwari Devi by another registered instrument followed by a registered deed of gift in respect of the said property made by her in favour of Ram Krishan Mission on 17th Sept. , 1968. The gift was accepted by the donee by a resolution dated 9th Nov. , 1968.

( 3 ) THE suit giving rise to this appeal was instituted under Order 1 Rule 8 of the Code of Civil procedure on Feb. 23, 1970 by the p